CopyCited 14 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302
...No definition of "related" is provided in this instruction. Causation can be a complex issue in a PIP case. Generally, to invoke this insurance coverage a bodily injury must "arise out of the ownership, maintenance, or use of a motor vehicle." See F.S. 768.736(1) (2003); Lumbermens Mutual Casualty Co....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2013 WL 6691122, 2013 Fla. App. LEXIS 20109
...the accident and that this was a liability issue based on the statutory cap on punitive damages. Punitive damages are generally limited to the greater of three times the amount of compensatory damages or $500,000. §
768.73(l)(a), Fla. Stat. (2008). Section
768.736 removes the cap on punitive damages if the jury finds that the defendant was impaired by drugs or alcohol....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2003 WL 21346667
...ld have essentially admitted guilt to perjury. [2] We note this accident occurred before the effective date of revisions to a number of statutory provisions regarding punitive damages, all effective October 1, 1999. See §§
768.72,
768.725,
768.73,
768.736, Fla....
...(1999). Had this cause of action accrued after the effective date of said provisions, the requirement to prove entitlement to punitive damages by "clear and convincing evidence" would not have applied, since intoxication was the basis for such damages. § 768.736, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2003 WL 21347199
...[3] There are several locutions used to state this notion, e.g., "economic castigation," "bankrupt the defendant," "destroy the defendant" are all used. They all seem to state the same idea, that punitive damages should not exceed a defendant's present ability to pay them. [4] See § 768.736, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 2013 WL 2349287
...These instructions are intended for use in the majority of punitive damages cases with causes of action arising on or after October 1,1999. They may not be applicable in cases involving a defendant acting under the influence of drugs or alcohol. See F.S. 768.736 (1999)....
CopyPublished | Florida 6th District Court of Appeal
...The Alleged Requirement to Make Affirmative Findings
As his second basis for reversal, Welch argues the trial court’s order granting the
motion for leave to amend the complaint “failed to make an affirmative finding that
3
This language is consistent with section
768.736, Florida Statutes, which
establishes exceptions for punitive damages claims involving intoxication:
“Sections
768.725 and
768.73 do not apply to any defendant who, at the time of the act
or omission for which punitive damages are so...
